Utah guide

Utah Buyer Broker Agreement Requirements Post-NAR Settlement

In Utah, you'll sign a written buyer broker agreement with your agent before they take you on any home tours.

TL;DR

In Utah, you'll sign a written buyer broker agreement with your agent before they take you on any home tours. The agreement has to spell out exactly how your agent gets paid — a flat fee, hourly rate, or percentage — not vague phrases like 'whatever the seller offers.' If the seller's side covers that amount, you usually don't owe extra; if it falls short, you'd cover the difference.

Before you start — 8 things to know

  • Before your Utah agent takes you to see any home in person, you'll sign a written buyer broker agreement. This rule kicked in August 17, 2024 after the settlement and applies to agents on Utah's systems, including the Wasatch Front Regional MLS.

  • The agreement has to state exactly what your agent will be paid — either a specific dollar amount or a clear formula like a percentage of the price. Phrases like 'market rate' or 'whatever the seller offers' aren't allowed anymore.

  • Pay can be structured as a flat fee, an hourly rate, a percentage of the purchase price, or a mix of those. You and your agent negotiate this together before you sign, so ask questions until the math makes sense.

  • If the seller (or their agent) offers to pay your agent an amount that meets or beats what your agreement says, you don't owe anything extra out of pocket. If it falls short, you'd cover the gap, so know that number going in.

  • The Utah Division of Real Estate publishes an approved Buyer Broker Service Agreement form that agents commonly use. Asking to see the Division's form is a fair way to check that the version you're handed is the standard one.

  • The agreement also defines how long it lasts, which geographic area it covers, and what your agent will actually do for you. Read those parts carefully — a 12-month statewide exclusive is very different from a one-weekend tour agreement.

  • Separately, Utah Code §61-2f-307 requires your agent to give you an Agency Disclosure Notice at or before your first serious conversation about buying. That's a different document from the buyer broker agreement — you should see both early on.

  • You can negotiate the terms before signing — the compensation amount, the length, and the area covered are all on the table. If an agent refuses to discuss those, that's a signal to talk to someone else.

The timeline — step by step

  1. First substantive contact with a Utah agent: the agent gives you the Agency Disclosure Notice required by Utah Code §61-2f-307, which explains who they represent.

  2. Before any in-person home tours: the agent presents the written buyer broker agreement, including the specific compensation amount or formula they'll be paid.

  3. Negotiate and sign: you review the pay amount, the length of the agreement, the area it covers, and what the agent will do, then sign once you're comfortable.

  4. Home tours begin: with the signed buyer broker agreement on file, your agent can now take you to view properties on the or elsewhere.

  5. Making an offer: your agent checks what the seller's side is offering to pay buyer agents and compares it to the number in your agreement.

  6. Closing: if the seller's offered compensation matches or exceeds your agreement amount, you owe no extra; if it falls short, the difference is built into the deal so you know the total cost.

Common questions

Why does my Utah agent want me to sign a contract before showing me homes?
After the settlement that took effect August 17, 2024, agents who work through Utah's systems must have a written buyer broker agreement in place before they tour homes with you. It's a national change adopted by the Wasatch Front Regional MLS and the other Utah MLS providers. It's not just your agent being pushy — they're required to do this.
Do I have to pay my agent out of my own pocket now?
Not necessarily. The seller or listing agent often offers compensation to the buyer's agent, and if that offer meets or exceeds the amount in your agreement, you owe nothing extra. If the offer is lower, you'd cover the difference — so the number you sign for matters.
Can the agreement just say 'whatever the seller offers'?
No. Utah agents have to state a specific dollar amount or a clear formula, like a set percentage of the purchase price. Vague phrases like 'market rate' or 'whatever the seller offers' don't satisfy the compensation transparency requirement.
Can I negotiate what's in the buyer broker agreement?
Yes. The pay amount, the length of the agreement, the geographic area it covers, and the agent's duties are all negotiable before you sign. If something feels off — a long exclusive term or a high percentage — ask to change it or talk to another agent.
What is the Agency Disclosure Notice my agent gave me, and is it the same as the buyer broker agreement?
They're two different documents. Utah Code §61-2f-307 requires the Agency Disclosure Notice at or before your first real conversation about buying — it just explains who the agent represents. The buyer broker agreement is the separate, signed contract that hires them and sets their pay.
Where can I see the standard Utah buyer broker form?
The Utah Division of Real Estate publishes an approved Buyer Broker Service Agreement form on its website. Asking your agent if they're using the Division's form is a reasonable way to confirm you're looking at the standard version rather than a custom one.

Glossary

2 terms
NAR — National Association of Realtors
The national trade group for real-estate agents. The 2024 NAR settlement is the legal deal that changed how buyer's agents get paid.
MLS — Multiple Listing Service
The shared database agents use to list and find homes for sale. Most homes you'll see online started here.

Sources

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